Summary
The United States District Court for the Eastern District of Michigan adopts a magistrate judge’s report and recommendation after the parties failed to file timely objections. The court partially grants certain defendants’ motion to dismiss, denies other pending motions without prejudice, and transfers the case to the Western District of Michigan.
Holdings
- A party's failure to file timely specific objections to a magistrate judge's report and recommendation constitutes procedural default and waives further review of the magistrate judge's findings by the district court.
- The court accepted the report and recommendation in full, granted in part the motion to dismiss filed by Defendants Blessman, McIntyre, Morrison, and Washington, denied without prejudice the motions to dismiss filed by Defendants Coleman and Massery and Wellpath/Grand Prairie Health Care, and transferred the case to the Western District of Michigan.
Questions Presented
- Whether the parties' failure to file timely objections to the magistrate judge's report and recommendation waived further district-court review.
- Whether the court should adopt the report and recommendation, grant Defendants Blessman, McIntyre, Morrison, and Washington's motion to dismiss in part, deny the remaining motions without prejudice, and transfer the case to the Western District of Michigan.
Disposition
other
Cases Cited (3)
- United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981)(followed)
- Thomas v. Arn, 474 U.S. 140, 149, 149-52 (1985)(followed)
- Garrison v. Equifax Info. Servs., LLC, No. 10-13990, 2012 WL 1278044, at *8 (E.D. Mich. Apr. 16, 2012)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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